Oklahoma DRUG TESTING (US SUPREME COURT) In 2002, the Supreme Court decided a second case involving drug testing of participants in extra-curricular activity. It had already decided the case of Vernonia v. Acton. Lindsay and Lacey Earls wanted to participate in the choir and Future Farmers of America at
Finally, they brought a lawsuit against the school and lost in the federal district court. They appealed to the US Court of Appeals for the Tenth Circuit. It agreed that drug-testing students who engaged in extracurricular activities other than athletics (where the Supreme Court had already ruled in favor of drug testing) was a violation of their Fourth Amendment rights. The school district appealed to the Supreme Court. In a 5-4 ruling, it upheld the school's drug-testing program. The court majority said the drug policy was "entirely reasonable" given the "nation-wide epidemic of drug use." Writing in dissent, Justice Ruth Bader Ginsburg argued that "the particular testing program upheld today is not reasonable, it is capricious, even perverse" since it was targeting motivated students who were "least likely to be at risk from illicit drugs and their damaging effects." Although the ruling addressed "competitive" extra-curricular activities, it opened the door wide to drug testing in all extra-curricular activities, and could lead to the random testing of all students. Critics fear it would be counterproductive, causing students to drop out of the very activities that could keep them engaged and away from drugs. See Lindsay Earls talk about her case: http://aclu.tv/node/66 DRESS CODE ZERO TOLERANCE |